Slum Movements

Kapaswadi, Juhu

But by July 2002, SRA had sanctioned the SRS scheme by Kiran Hemani covering 1000 families in an area spread over 52,000 sq meters of land belonging to MHADA. Land to the west of the Irla Nala (drain) was also included in the scheme even though there were no slums there. A Builder is not allowed to annex MHADA and public land and this act proved fraudulent activities by the Hemani group.

The sham didn't end here. The builder had submitted a list of 323 families for rehab. According to the builder 277 had given consent but according to a survey by Nivara Hakk, 166 opposed it, only 52 favoured it and the rest were unreachable as the builder did not allow Nivara's volunteers to interview them. Nivara Hakk then demanded a joint survey to verify how many people were in favour of this and expose the land grab attempted by the builder. Several outsiders were given allotments, 12 extra shops were allotted, 20 shops were allotted without proof, family members like husband –wife were counted as two and allotted two separate houses. 52 such allotments were found in the submitted list.

Nivara Hakk and the residents met the housing minister in July 2002 and demanded a joint verification of allotments and stated that public land (nala land) should be excluded from the scheme and its FSI benefit should be withdrawn. List of irregular allotments was also submitted to the CEO of SRA.

But in September 2002, sixty houses were demolished, residents opposed the move and the women questioned the illegal move. They wrote a letter to the BMC asking them to name the officer which sanctioned the demolitions otherwise they would take legal action.

A seemingly breakthrough meeting occurred between the residents , Hemani group and the CEO of SRA on 22nd October 2002 where the developer and Nivara Hakk agreed to work out a mutually acceptable agreement which will provide protection to the housing rights of slum dwellers. The builder gave an undertaking that the project will be completed in 12-15 months, 500 rehab houses will be made in the first phase and the developer will provide transit sites in open areas.

But till May 2003, the builder had not started any work and the residents were suffering in transit camps. Till May 2005, the builder had built only 140 units, that too without granting Occupation certificate. He wanted two more years due to financial constraints. Nivara demanded that the SRA hand the project to SPPC so that they could complete it on time.

However, in March 2011 the construction of the free sale building was on, on the other side of the Irla nala, large tracks of mangroves were destroyed too. Nivara demanded stay on the construction as per the High Court order.

 

Struggle Chronology

1995

Electoral list present

1999

12 March 1999: Andheri (W) Loknayak nagar Co-op.hsg society tells people that the locality has SRS scheme passed for this area by Kiran H Hemani and group. Please inform the society before selling, rent, repairing, building loft, occupying/building on empty space. Also watchman appointed to keep a look at all activities.

Dec 13, 1999: Murli Deora writes to Madhu Chavan, Chairman, MHADA saying residents of Kapaswadi, New Versova link road want to meet you regarding serious problems

2000

3.1.2000: Builder pressurizes for Andheri redevelopment (Marathi newspaper- city page)

20.7.2000: Bombay Civil court declares plan null and void and does not allow any redevelopment activity in the plot/area

2001

7th Aug 2001- MHADA asks police to register FIRs against 3 ex-officers, 7 builders including Hemani

2002

Oct 5 2002: Nivara writes to CEO, SRA about 13 slum dwellers who are eligible but not given allotment by builders.

323 slum dwellers reside in loknayak nagar CHS
252 gave consent, land belongs to MHADA
277 slumdwellers reside is incorrect
695 other slumdwellers reside in the premises

Builder taking advantage of illiteracy

2nd July 2002: Shabana Azmi, MP writes to CEO, SRA . SRA has sanctioned SRS scheme by Kiran Himani covering 1000 families and an area spread over 52,000 sq mts of land belonging to MHADA. Land west of the drain has also been included though there were no slums there. Builder cannot be allowed to annex MHADA and public land. It's a fraud.

A large number of outsiders are included in the list of 323 submitted by the builder.
166 oppose the builder and 52 favoured it, out of 217 interviewed, 15 houses were locked. The builder stopped our volunteers from interviewing 61 who were shifted to transit camps
Most residents oppose the scheme.
Please give us details sanctioned by SRS scheme
Please undertake joint survey to know if people are in favour. Re-examine scheme to know about land grab. Don't use force to evict residents. Urgent meeting requested.

20th July 2002: joint meeting held with Housing minister and others.
Demand joint verification
Land reserved for DP road should be excluded from the scheme and its FSI benefit withdrawn
Also we question the existence of New Kapaswadi
Where is it who are the members- its not a registered society.

5th Aug 2002: list of irregular allotments given to CEO, SRA

7.9.2002: Demolition without notice letter to deputy collector
The women questioned the illegal move Please tell us within 15 days which officer told you to carry out the demolition otherwise we will take legal action.

1.10.2002: letter to SRA by NHWC
15 outsiders given allotments
22 names not in voter list
12 extra shops allotted against same names
20 shops allotted without proof
52 extra allotments against same family names that are found together voter list

22nd Oct 2002- Minutes of meeting with Hemani, NHWC, CEO (SRA)

5 houses that were demolished on Sept 29, 2002 included in eligibility list All eligibility matters be decided by SRA and not builder
60 people whose houses had been demolished had not accepted proposal by builders
Developer and NHSS would work out a mutually acceptable agreement which will provide protection to the housing rights of slum dwellers
Hemani to give undertaking that project will be completed in 12-15 months, 500 rehab houses in first phase. Developer will provide transit sites in open areas and some will shift to transit accommodation at their will.

2003

19.5.2003: Request builder to start work as we are suffering in transit camps. letter to SRA from Lok Nayak nagar

2005

2nd May 2005- Nivara writes to SRA CEO about failure to complete rehab projects by Himani, for financial reasons he has not been able to complete. Only one building completed with 140 units but no OC has been granted. Builder wants 2 more years.
In Shiv Nagar one building with 340 units completed, serious allegations of occupation by unauthorized persons, no sign of other rehab building coming up.

SRA can ask SPPC tom take over and complete projects and end suffering

2011

3rd March 2011: Letter to CEO, SRA- Sales building construction is continuing on opposite side of Irla Nala, developer destroyed tracks of mangroves. Stay further construction as per high court order.